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News@Law, 11/29/2016

News@Law is a selection of the day's news clips regarding Harvard Law School.
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Today's News

The Washington Post
Rein in Texas on executing the intellectually disabled
An op-ed by
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Backchannel
Jared Kushner Might Now Be Our Best Hope for World-Class Internet
An op-ed by Susan Crawford. Those who urge progressive tech policy have no more ideas than anyone about how the surprise results of the 2016 election will affect the issues about which they care the most. But in one area, I see reason for hope. Donald Trump and his colleagues are reportedly warming to the idea of an infrastructure bank, although we don’t have much information about how that bank would operate. We do know that we don’t want the “third world” of today’s LaGuardia Airport — a talking point on which Trump and Vice President Joe Biden are in heroic agreement. I have some specific suggestions for how that bank (or a system of regional or state infrastructure banks) could genuinely drive economic growth in the US.
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Associated Press
Jill Stein presidential recount effort prompts money gusher
Jill Stein is on track to raise twice as much for an election recount effort than she did for her own failed Green Party presidential bid. Fueled by the social media hashtag #recount2016 and millions of dispirited Hillary Clinton voters, Stein's recount drive had already netted $6.3 million by Monday, according to her campaign website. That's close to the $7 million she posted as a goal and millions more than the roughly $3.5 million she raised during her entire presidential bid...Laurence Tribe, a Harvard constitutional law professor, said that although recounts are "entirely within the law," Stein's effort is probably aimed more at "trying to gain attention and establish herself as a national player."
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Associated Press
Trump rollback of Obama climate agenda may prove challenging
Once sworn into office, Donald Trump will be in a strong position to dismantle some of President Barack Obama's efforts to reduce planet-warming carbon emissions. But experts say delivering on campaign pledges to abolish the Environmental Protection Agency and bring back tens of thousands of long-gone coal mining jobs will likely prove far more difficult for the new president...Dismantling EPA regulations is difficult, especially if the rules have already been finalized and implemented. "The agency has already built up a very strong record to support those rules," said Jody Freeman, director of the environmental law program at Harvard Law School. "It can be very hard to do an about-face."
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The National Law Journal
Lessig’s Op-Ed on Electoral College Prompts Flurry of Debate
Harvard Law professor Lawrence Lessig sparked a national debate with a Nov. 24 Washington Post op-ed arguing that members of the electoral college should choose as president popular vote winner Hillary Clinton over Donald Trump on the grounds that everyone's vote should count equally. A number of his colleagues within the legal academy have now weighed in with their own opinion pieces and blog posts, and most warn that such a move by the electors would be unfair and damaging—or at least contrary to the intentions of the Founding Fathers.
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Bloomberg
Put Faith in Constitution, Not ‘Democracy’
An op-ed by Noah Feldman. When my colleague Lawrence Lessig argued at Medium that members of the Electoral College should break faith and vote for Hillary Clinton instead of Donald Trump, I chalked it up to the brilliantly contrarian Larry being brilliant and contrarian -- even if wrong. But when, over the holiday weekend, the Washington Post published his op-ed making the same argument, it made me think serious people might take his argument seriously -- which would be dangerous for democracy and bad for the republic. So with great respect for Larry’s ideals and values, here’s why faithless electors would subvert, not sustain, the democratic values that underlie the U.S. presidential election system.
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Bloomberg
Trump’s Regulatory Gimmick That Just Might Work
An op-ed by Cass Sunstein. Donald Trump promises to impose, soon after his inauguration, a new requirement on federal agencies: If they want to issue a new regulation, they have to rescind two regulations that are now on the books. The idea of “one in, two out” has rhetorical appeal, but it’s going to be extremely hard to pull off. In the abstract, of course, it sounds like a gimmick, and it’s a pretty dumb idea. As presidents from Ronald Reagan to Barack Obama have recognized, the real question is whether regulations, whether new or old, are justified. That requires a careful analysis of their costs and their benefits.
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The New York Times
Donald Trump Faces Obstacles to Resuming Waterboarding
In the first few months of Donald J. Trump’s presidency, if recent history is any guide, intelligence officials will meet to discuss a terrorism suspect living abroad. This suspect might become the next target for the nation’s not-so-secret drone force. Or maybe, Mr. Trump’s advisers could decide, he is worth trying to capture....Alex Whiting, a Harvard Law School professor and former war crimes prosecutor, said much has changed since 2002, when Justice Department lawyers accepted C.I.A. assurances that there would be no long-term consequences for prisoners. “Evidence showing that the techniques employed by U.S. officials after 9/11 resulted in lasting psychological trauma will make it much more difficult for future lawyers to sanction these techniques as not amounting to torture,” he said.
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The Des Moines Register
USDA must stop automatically renewing licenses
A letter by fellow Delcianna Winders. The U.S. Department of Agriculture must accept responsibility for facilitating cruelty at places like Black Diamond Kennel instead of making specious appeals to due process...Due process doesn’t require trial-type hearings before the revocation of an Animal Welfare Act license.
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Harvard Art Museums
Examining Winslow Homer’s “Sea Garden
An article by David E. White Jr. `17. Winslow Homer (1836–1910) remains one of the most acclaimed American artists of the 19th Century. Although producing noteworthy works as an illustrator, oil and watercolor painter, Homer’s artistic skill is just one part of his illustrious place in history. At a time when it was virtually unthinkable, Homer painted black subjects, and he did so frequently. Moreover, Homer endowed his black subjects with an unmistakable sense of agency, beauty, and personhood—humanistic characteristics conspicuously absent from other works of the era featuring black subjects. Sea Garden, Bahamas (1885) represents Homer’s admirable effort to exhibit blacks as possessing citizenship in a global community, and such an effort, in the face of abject dehumanization, constitutes an act of restorative justice.
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